Resisting Arrest with Violence Attorney in Miami, FL
If you or a loved one has been arrested by a law enforcement officer for resisting with violence, it is critical to consult with an experienced resisting arrest with violence attorney in Miami as soon as possible. Resisting an officer with violence is an extremely common felony charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people charged with felony resisting arrest feel that they have done nothing wrong and have difficulty understanding why they were arrested, let alone charged with resisting. In fact, the person arrested is usually the one who suffers a physical injury at the hands of the officers. Consequently, somebody facing this charge often feels both physically and emotionally violated.
If you are charged with resisting an officer with violence, make sure that your rights are protected and that you do everything in your power to avoid a criminal conviction. Your first step should be to retain an experienced criminal defense lawyer in order to maximize your chances of avoiding a criminal record.
What is Resisting an Officer with Violence?
Resisting an officer with violence can be charged alone but is often accompanied by the charges of battery on a law enforcement officer (LEO) and resisting an officer without violence. If an allegation makes out the elements of battery on a LEO, then resisting arrest with violence can also be charged. The reverse, however, is not necessarily the case. Someone can resist an officer with violence without striking the officer (i.e., committing battery). In order to help you move on with your professional and personal lives, our criminal defense attorneys will strive to minimize the impact and ramifications of a resisting with violence charge.
What are the Elements of Resisting an Officer with Violence?
Section 843.01, Florida Statutes, defines the criminal offense of resisting an officer with violence. To prove the crime, the prosecutor must prove the following four elements beyond a reasonable doubt:
1. That you knowingly and willfully resisted, obstructed, or opposed the officer in a violent manner;
2. At the time of the incident, the law enforcement officer was engaged in the lawful execution of a legal duty/lawful duty or was executing legal process
3. At the time of the incident, the alleged victim was an officer or person legally authorized to execute legal process;
4. At the time of the incident, you knew that the alleged victim was an officer or person legally authorized to execute legal process.
Who is Considered an Officer?
In addition to police officers, the definition includes:
- a member, administrative aide, or supervisor of the Florida Commission on Offender Review
- a county probation officer or correction officer;
- a parole and probation supervisor;
- an employee or representative of the Department of Law Enforcement; or
- other persons legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty.
Resisting with Violence
The element of “resisting” can include many types of alleged conduct, including:
- Punching or kicking
- Swinging your arms
- Colliding into an officer
- Avoiding restraint by using any type of physical force
- Violently threatening an officer
If you face resisting arrest charges, it is crucial that you hire a criminal attorney who is knowledgeable about this area of law.
Lawful Execution of a Legal Duty
Regardless of whether the defendant “resists with violence,” the officer must be lawfully executing a legal duty at the time the defendant violently resisted them.
An officer is considered to be in the “lawful execution of a legal duty” in only three scenarios:
- the officer is serving legal process;
- the officer is legally detaining someone; or
- the officer is requesting assistance from a person with an ongoing emergency.
Resisting an officer with violence can be charged alone but is often accompanied by the charges of battery on a law enforcement officer (LEO) and resisting an officer without violence. If an allegation makes out the elements of battery on a LEO, then resisting arrest with violence can also be charged. The reverse, however, is not necessarily the case. Someone can resist an officer with violence without striking the officer (i.e., committing battery).
Criminal Penalties for Resisting an Officer with Violence
Under Florida law, resisting an officer with violence is a third-degree felony punishable by a maximum five-year prison sentence, up to five years of probation, and a maximum fine of $5,000.
Resisting with Violence cases can lead to months in the county jail or prison, even for a first-time offender with no criminal history. There is a greater chance of avoiding a conviction and jail sentence If the officer(s) was not injured. If the officer suffered an injury during the incident, there is a greater chance the prosecutor will seek a tougher sentence. We have extensive experience dealing with alleged crimes against law enforcement officers and can go over your case to put together a strong defense.
Common Defenses to a Resisting with Violence Charge
If you are facing a resisting with violence charge in Miami, there are many possible defenses. Here are a few examples:
- According to the law, your actions were not “violent”
- There was no legal duty being performed by the officer
- You didn’t know that the person you resisted was a law enforcement officer
- Your actions were appropriate in resisting the excessive force being used by the arresting officer(s)
- You didn’t willfully and knowingly commit violence to the officer(s) but were reacting out of reflex to the sudden force being used to restrain or handcuff you
Our law firm has significant experience in defending resisting an officer with violence charges and has represented numerous clients charged with this offense. If you or a loved one has been arrested and is facing criminal charges, it is critical to consult with an experienced Miami resisting with violence lawyer as soon as possible to ensure that your rights are protected. You need the counsel of an experienced criminal defense attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
Our Miami-Dade County law firm has represented thousands of clients in a variety of cases over the years. Our criminal lawyers have likely handled cases similar to yours and have represented clients with similar needs and concerns. Our results section on our site contains a representative sample of some of the past cases we have handled and the results we have obtained for our clients.
You can help minimize the impact of your criminal case on your career, personal life, and reputation by hiring an experienced resisting with violence lawyer to defend yourself.
CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.
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